Asylee seeking employment based PR

P

PRCalifornia

Registered Users (C)
Hi,

I am an asylee in California and just got PERM through employment. My lawyer told me that according to section ....., only people currently in non immigration visa status can apply for employment based PR, and since asylum is not a non immigration visa, INS could deny my application based on this.

I remember Gilbert stated before that asylees can also get employment based PR. What's your experience so far, how likely INS will deny these kind of cases? Is there anything I can use to convince my lawyer that this is all right? She said she never handled asylum related cases.

Your early response is highly appreciated!
 
PRCalifornia said:
Hi,

I am an asylee in California and just got PERM through employment. My lawyer told me that according to section ....., only people currently in non immigration visa status can apply for employment based PR, and since asylum is not a non immigration visa, INS could deny my application based on this.

I remember Gilbert stated before that asylees can also get employment based PR. What's your experience so far, how likely INS will deny these kind of cases? Is there anything I can use to convince my lawyer that this is all right? She said she never handled asylum related cases.

Your early response is highly appreciated!
Click to expand...

Well first of all you can apply without no problem. You can apply for as many adjustment(I-485's), it doesn't matter..as long as you qualify. You are an asylee and you are legal. Thats the main point. It doesn't matter if you are on non immigrant visa, you do not need to be non immigrant to get Employment based Perm.

The problems you may face are: 1) If you were ever illegal before or during your asylum proceedings, with Asylee based PR, they are forgotten and you are given clean slate, with Employment based PR , they are not.
2)Lets say you came on a Visitor Visa and applied for asylum and got approved..and now apply for Employment based PR, Your application for PR will be denied...Reason being something called "misrepresentaion". As Asylee BASED PR, you are given a I-602 which you can fill(only for refugees) which says oK I lied to get a visa but I had to, I am sorry....I-602 is only for Refugees.
There is I-601 waiver for people out of country who want to re-enter Untied States if they had commited a crime but I don't think it applies to employmetn based PR.

So in summary, Your lawyer is wrong but in the end you may have problems adjusting to your PR status as employment based. I Think you should stick with Asylee based and not worry about other hassles that it may get you in the future...

You can try but there are lots of laws the USCIS folows before issuing a GC..and one is of misrepresentaion....To misrepresent and coming to U.S on a Visitor Visa is totally different than H-1 Visa where the visa is intended for Work...Hope it answers your question.
 
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Thanks for your quick response. My husband came to the US as F1 in 2002, he was pursuing his Master Degree. Later he applied for Asylum and was approved, and I got derivative asylum. My husband later finished his graduate program.

Myself came to the US as F1 several years ago, and I got a master degree. I used to have H1B before my asylum was granted. My current employer sponsored my PERM and it has been approved. We never been in an illegal status in the US. So I cannot think of any "misrepresentation" in our previous visa application.

Do you still think we may have problem?
 
PRCalifornia said:
Thanks for your quick response. My husband came to the US as F1 in 2002, he was pursuing his Master Degree. Later he applied for Asylum and was approved, and I got derivative asylum. My husband later finished his graduate program.

Myself came to the US as F1 several years ago, and I got a master degree. I used to have H1B before my asylum was granted. My current employer sponsored my PERM and it has been approved. We never been in an illegal status in the US. So I cannot think of any "misrepresentation" in our previous visa application.

Do you still think we may have problem?
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No! In this case you would not have any problems... but can I ask you why do you want to go employment route when you are guaranteed a green card thru asylum?
 
I heard it normally takes 5 to 10 years to go through Asylum route. Plus I still need travel documents after Asylum GC is granted. I am only a derivative asylee, but seems like I cannot go back to my home country either. That means I cannot go back for (5 ~ 10) + 4 years. If I get employment GC, my understanding is that we are free completely.
 
PRCalifornia said:
I heard it normally takes 5 to 10 years to go through Asylum route. Plus I still need travel documents after Asylum GC is granted. I am only a derivative asylee, but seems like I cannot go back to my home country either. That means I cannot go back for (5 ~ 10) + 4 years. If I get employment GC, my understanding is that we are free completely.
Click to expand...


What is your notice date? ..The cap was lifted so its faster than before.
 
Asylum was approved in August 03. But we haven't filed 485 based on Asylum yet, as we were thinking about through employment route. How long does it take now to get Asylum PR, in average?
 
Before May 2005 the immigration law said that every year only 10000 people could be given green cards on the basis of asylum. But far more than 10000 people have been granted asylum every year. As a direct result a huge backlog of asylum-based green card applicants built up resulting in a 10+ year wait for people

Earlier this year Congress changed the law and abolished the cap. So under current law an unlimited number of green cards based on asylum can be issued. The only constraint is the ability of the USCIS to process cases and it is the least efficient agency in the federal government. The best guess within the immigration bar is that it will take them two years to clear the backlog.


So you will probably not accrue any benefits to yourself by going through the employment-based immigration process. As you know, the EB employment has its own numerical limitations, though most categories are current right now (that could change during the pendency of your application depending upon demand for employment visas). And it takes the USCIS a while to make a decision after you file the appropriate paperwork. California is really fast right now but it could change at any time. In other parts of the country it is taking up to two years.

You will of course to have to constantly worry about the security of your job and the stability of your company (this gives your bosses unfair leverage over you). This serious impede your career mobility. You will lose in terms of sanity because dealing with the USCIS. Have you had enough of that agency? Why would you open another avenue of immigration and ask for more headache from them when you are all but assured of a green card as an asylee. They could of course somewhat find that you committed some kind of visa fraud and deny your application.

I hope this long explanation makes sense to you. Feel free to ask me any questions. Good luck to you as you make a decision.
 
As per my attorney, they will be done with up to 2002 NDs by the end of this calendar year and clear the backlog even for asylees by Oct 1st 2006. If true, this means you would be getting GC sometimes in June or July 2006.

Good Luck
 
Thank you all for sharing your thoughts! In general, what's the difference between Employment based and asylum based PR.
 
PRCalifornia said:
Thank you all for sharing your thoughts! In general, what's the difference between Employment based and asylum based PR.
Click to expand...

in asylum based PR you cannot go back (or should not) to your country of persecution.
 
PRCalifornia said:
Thank you all for sharing your thoughts! In general, what's the difference between Employment based and asylum based PR.
Click to expand...


Asylum green card is based on asylum and employment green card is based on employment. :) :)

Seriously both types of green cards confer lawful permanent residence upon you. For asylum, going back to your country of persecution raises questions of fraud whereas for employment-based cases (assuming that ACT 21 does not apply) leaving your employer soon after getting your I-485 approval will raise fraud concerns.

As for an asylum green card, you can apply to become a citizen in four years and for a EB green card it is five years.
 
I agree that as an asylee applying for a EB green card represents too much trouble and it is not worth it (Yes legally you CAN submit an I-485 as an asylee; your lawyer is incorrect).

But an asylee you are well on your well to a green card and why on earth od you want to start the process all over again?????



hampton8844 said:
Before May 2005 the immigration law said that every year only 10000 people could be given green cards on the basis of asylum. But far more than 10000 people have been granted asylum every year. As a direct result a huge backlog of asylum-based green card applicants built up resulting in a 10+ year wait for people

Earlier this year Congress changed the law and abolished the cap. So under current law an unlimited number of green cards based on asylum can be issued. The only constraint is the ability of the USCIS to process cases and it is the least efficient agency in the federal government. The best guess within the immigration bar is that it will take them two years to clear the backlog.


So you will probably not accrue any benefits to yourself by going through the employment-based immigration process. As you know, the EB employment has its own numerical limitations, though most categories are current right now (that could change during the pendency of your application depending upon demand for employment visas). And it takes the USCIS a while to make a decision after you file the appropriate paperwork. California is really fast right now but it could change at any time. In other parts of the country it is taking up to two years.

You will of course to have to constantly worry about the security of your job and the stability of your company (this gives your bosses unfair leverage over you). This serious impede your career mobility. You will lose in terms of sanity because dealing with the USCIS. Have you had enough of that agency? Why would you open another avenue of immigration and ask for more headache from them when you are all but assured of a green card as an asylee. They could of course somewhat find that you committed some kind of visa fraud and deny your application.

I hope this long explanation makes sense to you. Feel free to ask me any questions. Good luck to you as you make a decision.
Click to expand...
 
unitednations said:
incorrect. when you adjust status through employment it is on a different section of the immigration and nationality act.

Here is the appeals decision and discusses the non immigrant issue.
Click to expand...

unitednations,

How do you find time to address such sensetive issues is beyond me yet the amount of accuracy and authority is immaculate.

It's simply prudent for those who are seeking an opinion which entails their wellbeing should stick to qualified individiuals rather than Tuesday night QB's.

Reagrds,
MK
 
dear prcalifornia
are you from the same country of your husband,if your answer is no,
i like to share some useful information with you

as derivative asylee you can travel anywhere you want include your own country,

iam asylee myself from middle eastern country, after i was granted asylum in
year 2000, i got married,my wife is from asian country, she was here on a student visa,

after marriage she applied for derivative asylee,she was approved,

she got refugee travel document, she use it only when she come back to america from a abroad trip,

when she go back to her own country she use her national passport
 
John Smith 1 said:
dear prcalifornia
are you from the same country of your husband,if your answer is no,
i like to share some useful information with you

as derivative asylee you can travel anywhere you want include your own country,

iam asylee myself from middle eastern country, after i was granted asylum in
year 2000, i got married,my wife is from asian country, she was here on a student visa,

after marriage she applied for derivative asylee,she was approved,

she got refugee travel document, she use it only when she come back to america from a abroad trip,

when she go back to her own country she use her national passport
Click to expand...

Hi John,

To get the derivative asylee status, your spouse must be married to you before your asylum's approval. You married your wife after asylum, how does your wife qualify for derivative status. I married my wife last year. My asylum was approved in 2001. Please tell me the proceducres. Thanks.

Chinesegay
 
chinesegay said:
Hi John,

To get the derivative asylee status, your spouse must be married to you before your asylum's approval. You married your wife after asylum, how does your wife qualify for derivative status. I married my wife last year. My asylum was approved in 2001. Please tell me the proceducres. Thanks.

Chinesegay
Click to expand...

Chinesegay,

His wife is from a country other than his country of pesecution. In other words, if your wife holds a pasport or nationality from a country other than where you were persecuted she would qualify for a derivative asylee status.

Regards,
MK
 
mkhursh said:
Chinesegay,

His wife is from a country other than his country of pesecution. In other words, if your wife holds a pasport or nationality from a country other than where you were persecuted she would qualify for a derivative asylee status.

Regards,
MK
Click to expand...

Dear MK and others,

I have an asylee friend; he just get the approval of his I-485 last month. He want to marry his girlfriend who come from another country and she is on B2 visa (visitor visa) with overstayed status now. Is that possible for his girlfriend to apply derivative status since my friend already get his I-485 approval last month. Or, she has to wait for my friend to apply changes of her status throught the regular family petition I-130? Thanks.

Chinesegay
 
dear chinesegay

my wife is a japanese citizen,

she came to this country on F1 VISA, i met her after i got asylum,
we got married and she applied for i 730 , she was approved as derivative asylee,

she got refugee travel document, she use it only when she come back to america, when she travel anywhere she use only her national passport,

she applied for green card on 2002,and she is now waiting for green card
 
dear chinesegay

to answer your question regarding your friend wife,
iam not sure........

i think she need to apply for i 730,it will take 6 month to get approve and her status will be changed,

and after approval , immediately she is eligible for ,

non restricted social security
travel document
work permit
and after one year she can apply for green card
 
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